David Jeremiah Barron (born July 7, 1967) is an American lawyer who serves as the
Chief United States circuit judge of the
United States Court of Appeals for the First Circuit
The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
* District of Maine
* District of Massachusetts
* ...
and former S. William Green Professor of Public Law at
Harvard Law School
Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States.
Each class ...
. He previously served as the Acting
Assistant Attorney General
Many of the divisions and offices of the United States Department of Justice are headed by an assistant attorney general.
The president of the United States appoints individuals to the position of assistant attorney general with the advice and ...
of the
Office of Legal Counsel
The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that assists the Attorney General's position as legal adviser to the President and all executive branch agencies. It drafts legal opinions of the Attorney ...
at the
United States Department of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
.
Barron is known for his controversial legal memo justifying the use of lethal drone strikes against U.S. citizens without
judicial process
Legal process (sometimes simply process) is any formal notice or writ by a court obtaining jurisdiction over a person or property. Common forms of process include a summons, subpoena, mandate, and warrant. Process normally takes effect by ...
.
Early life and education
Barron was born on July 7, 1967, in
Washington, D.C.
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
and is the son of
George Washington University Law School
The George Washington University Law School (GW Law) is the law school of George Washington University, in Washington, D.C. Established in 1865, GW Law is the oldest top law school in the national capital. GW Law offers the largest range of cou ...
professor and former dean
Jerome A. Barron. He received a
Bachelor of Arts
Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...
degree,
magna cum laude
Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some So ...
, in 1989, from
Harvard College
Harvard College is the undergraduate college of Harvard University, an Ivy League research university in Cambridge, Massachusetts. Founded in 1636, Harvard College is the original school of Harvard University, the oldest institution of higher lea ...
, serving as president of the
Harvard Crimson
The Harvard Crimson are the intercollegiate athletic teams of Harvard College. The school's teams compete in NCAA Division I. As of 2013, there were 42 Division I intercollegiate varsity sports teams for women and men at Harvard, more than at ...
. After graduation, he worked as a reporter for
The News & Observer
''The News & Observer'' is an American regional daily newspaper that serves the greater Triangle area based in Raleigh, North Carolina. The paper is the largest in circulation in the state (second is the '' Charlotte Observer''). The paper has be ...
in
Raleigh
Raleigh (; ) is the capital city of the state of North Carolina and the seat of Wake County in the United States. It is the second-most populous city in North Carolina, after Charlotte. Raleigh is the tenth-most populous city in the Southeas ...
,
North Carolina
North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
, from 1989 to 1991. Returning to school, he received a
Juris Doctor
The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law
and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
, magna cum laude, in 1994, from
Harvard Law School
Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States.
Each class ...
, serving on the
Harvard Law Review
The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of 143 ...
. He worked as a
law clerk
A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant ...
for Judge
Stephen R. Reinhardt
Stephen Roy Reinhardt (born Stephen Roy Shapiro; March 27, 1931 – March 29, 2018) was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit, with chambers in Los Angeles, California. He was the last federal ...
of the
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts:
* District ...
from 1994 to 1995 and for Justice
John Paul Stevens
John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldes ...
of the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
from 1995 to 1996. He worked as an attorney-advisor in the
Justice Department's Office of Legal Counsel
The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that assists the Attorney General's position as legal adviser to the President and all executive branch agencies. It drafts legal opinions of the Attorney ...
from 1996 to 1999.
Academic career
Barron joined the Harvard Law School faculty as an assistant professor in 1999 and became a professor in 2004. He left the faculty upon his confirmation to the
Court of Appeals
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
in 2014.
In 2009, while on leave from his faculty position, Barron rejoined the Office of Legal Counsel
The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that assists the Attorney General's position as legal adviser to the President and all executive branch agencies. It drafts legal opinions of the Attorney ...
as Acting assistant attorney general
Many of the divisions and offices of the United States Department of Justice are headed by an assistant attorney general.
The president of the United States appoints individuals to the position of assistant attorney general with the advice and ...
. In 2010, he authored a secret memo which provided the legal foundation for President Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
's unprecedented decision to order a drone strike on Anwar al-Awlaki
Anwar Nasser al-Awlaki (also spelled al-Aulaqi, al-Awlaqi; ar, أنور العولقي, Anwar al-‘Awlaqī; April 21 or 22, 1971 – September 30, 2011) was an American imam who was killed in 2011 in Yemen by a U.S. government drone stri ...
, an American citizen who was a radical Islamic militant living in Yemen. Barron's memo was described by ''The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' Editorial Board as "a slapdash pastiche of legal theories—some based on obscure interpretations of British and Israeli law—that was clearly tailored to the desired result." A lawyer for the ACLU
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
described the memo as "disturbing" and "ultimately an argument that the president can order targeted killings of Americans without ever having to account to anyone outside the executive branch."
For Barron's service, he received the National Intelligence Exceptional Achievement Medal from the Office of the Director of National Intelligence
The director of national intelligence (DNI) is a senior, cabinet-level United States government official, required by the Intelligence Reform and Terrorism Prevention Act of 2004 to serve as executive head of the United States Intelligence Commu ...
, as well as the Secretary of Defense Medal for Outstanding Public Service
The Secretary of Defense Medal for Outstanding Public Service is the second highest award presented by the Secretary of Defense to non-career Federal employees, private citizens, and foreign nationals for contributions, assistance, or support to D ...
.
Barron returned to the Harvard Law School faculty in 2010 and was named the S. William Green Professor of Public Law in 2011. In 2012, he was appointed by Massachusetts Governor Deval Patrick
Deval Laurdine Patrick (born July 31, 1956) is an American politician, civil rights lawyer, author, and businessman who served as the 71st governor of Massachusetts from 2007 to 2015. He was first elected in 2006, succeeding Mitt Romney, who ...
to the Massachusetts Board of Higher Education. and the Massachusetts State College Building Authority. He left academia in 2014 after his confirmation as a federal judge.[
He was elected fellow of the ]American Academy of Arts and Sciences
The American Academy of Arts and Sciences (abbreviation: AAA&S) is one of the oldest learned societies in the United States. It was founded in 1780 during the American Revolution by John Adams, John Hancock, James Bowdoin, Andrew Oliver, and ...
in 2020.
Federal judicial service
On September 24, 2013, President Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
nominated Barron to serve as a United States Circuit Judge of the United States Court of Appeals for the First Circuit, to the seat vacated by Judge Michael Boudin
Michael Boudin ( ; born November 29, 1939) is a former United States circuit judge of the United States Court of Appeals for the First Circuit. He served as Chief Judge of that court from 2001 to 2008. Before his service on the First Circuit, he ...
, who assumed senior status
Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the Federal judiciary of the United States, federal court system must be at least 65 years old, and the sum of the judge's age and years of servi ...
on June 1, 2013. On January 16, 2014, his nomination was reported out of committee by a 10–8 vote. On Thursday, May 15, 2014 Senate Majority Leader Harry Reid
Harry Mason Reid Jr. (; December 2, 1939 – December 28, 2021) was an American lawyer and politician who served as a United States senator from Nevada from 1987 to 2017. He led the Senate Democratic Caucus from 2005 to 2017 and was the Sena ...
filed a motion to invoke cloture
Cloture (, also ), closure or, informally, a guillotine, is a motion or process in parliamentary procedure aimed at bringing debate to a quick end. The cloture procedure originated in the French National Assembly, from which the name is taken. ...
on the nomination. On Wednesday, May 21, 2014, the Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
invoke cloture on his nomination by a 52–43 vote. Several senators, including Mark Udall
Mark Emery Udall ( ; born July 18, 1950) is an American politician who served as a United States Senator from Colorado from 2009 to 2015. A member of the Democratic Party, he previously served in the United States House of Representatives, represe ...
(D) and Rand Paul
Randal Howard Paul (born January 7, 1963) is an American physician and politician serving as the junior U.S. senator from Kentucky since 2011. A member of the Republican Party, he is a son of former three-time presidential candidate and 12 ...
(R), pledged to oppose Barron's nomination unless the administration publishes the secret memos Barron authored on the legality of killing American citizens with drone strikes. Until senators began raising concerns about Barron's nomination, only those on the Judiciary and Intelligence committees had seen any of the classified memos. On May 22, 2014, the Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
confirmed his nomination by a 53–45 vote. He received his judicial commission on May 23, 2014. He became Chief Judge on April 1, 2022, when Judge Jeffrey R. Howard assumed senior status
Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the Federal judiciary of the United States, federal court system must be at least 65 years old, and the sum of the judge's age and years of servi ...
.
Publications
Barron is known for coauthoring with Martin S. Lederman a Harvard Law Review
The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of 143 ...
article titled "The Commander in Chief at the Lowest Ebb - Framing the Problem, Doctrine and Original Understanding," which was an attack of the advice given by the Office of Legal Counsel to President George W. Bush
George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
justifying Bush's use of executive power during the War on Terror
The war on terror, officially the Global War on Terrorism (GWOT), is an ongoing international Counterterrorism, counterterrorism military campaign initiated by the United States following the September 11 attacks. The main targets of the campa ...
.
In 2016, Simon & Schuster published his book '' Waging War: The Clash Between Presidents and Congress, 1776 to ISIS''. In February 2017, Barron was named the winner of Norwich University
Norwich University – The Military College of Vermont is a private senior military college in Northfield, Vermont. It is the oldest private and senior military college in the United States and offers bachelor's and master's degrees on-campus ...
's 2017 Colby Award
The William E. Colby Military Writers' Award was established in 1999 by the William E. Colby Military Writers' Symposium at Norwich University in Vermont in order to recognize "a first work of fiction or non-fiction that has made a major contributi ...
, which is awarded for works that make major academic contributions to the understanding of military history, intelligence activities, and foreign relations.
See also
* Barack Obama Supreme Court candidates
President Barack Obama made two successful appointments to the Supreme Court of the United States. The first was Judge Sonia SotomayorMark SilvaSonia Sotomayor is Obama's Supreme Court nominee ''Los Angeles Times'' (May 26, 2009). to fill the va ...
*
References
External links
*
*
*
{{DEFAULTSORT:Barron, David
1967 births
Living people
21st-century American judges
Fellows of the American Academy of Arts and Sciences
Harvard College alumni
Harvard Law School alumni
Harvard Law School faculty
Judges of the United States Court of Appeals for the First Circuit
Law clerks of the Supreme Court of the United States
Lawyers from Washington, D.C.
Massachusetts lawyers
People from Washington, D.C.
The Harvard Crimson people
United States Assistant Attorneys General for the Office of Legal Counsel
United States court of appeals judges appointed by Barack Obama